Article 3 In Principles On Choice Of Law In International Commercial Contracts

Article 3 of 'Hague Principles on Choice of Law in International Commercial Contracts' in 2015,namely 'non-state law article',is a soft conflict rule substantially.It not only conciliates currently theoretical and practical experience in international commercial arbitration,but also makes breakthrough to propose that non-state law can be accepted into scope of lex causae in litigation,and provides standards and limits of choice of law.This article mainly introduces and analyses formation,fundamental content,application of 'non-state law article' in 2015 Hague Principles from arbitral and litigant angles.This article proposes that Article 3 is substantially restatement of current arbitration practice,and the restrictions and demands narrow the range of party autonomy.On the contrary,it is not consistent with current arbitration practice and development;as for litigation,it's an innovation that non-state law is absorbed into the governing law of international commercial contracts,but some regulations are neither explicit nor proper,its effectiveness still need to be examined in the practice.This article analyses application of non-state law in our country and rethinks,suggests that our country can make non-state law absorbed into the governing law of international commercial contracts so as to expand the scope of party autonomy when our country improves arbitration law in the future.While in litigation,China should not casually accept the above provision,and should maintain the status quo and take a wait-and-see approach.This paper includes an introduction,a body text and a conclusion.The body text includes the following three parts:The first part introduces and analyses the formation and basis of'non-state law article'.Its contents include:First,it introduces and analyses the formation of 'non-state law article'.Secondly,it introduces and analyses basis of 'non-state law article'.The second part introduces and analyses the main content of'non-state law article'.This part analyses the main content of 'non-state law article' in the following four aspects.First,it defines 'non-state law article'.Then it introduces and analyses 'non-state law article'.And it makes a comment to 'non-state law article'.Finally it analyses the relations between 'non-state law article' and other articles.The third part introduces and analyses the application of 'non-state law article'.This part introduces and analyses the application of 'non-state law article' from three points of view:arbitration,litigation,other dispute resolution procedures.More specifically,it analyses legislation and judiciary practice of non-state law,then analyses the applicable future of'non-state law article'.Secondly,it analyses and summarizes legislation and judiciary practice of non-state law in China.Then it offers proposals and forecasts the applicable future of 'non-state law article' in China.